Central Highlands Councilcentralhighlands.tas.gov.au/wp-content/uploads/Minutes_May_2015.pdf ·...

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Central Highlands Council

MINUTES – ORDINARY MEETING – 19th MAY 2015

Minutes of an Ordinary Meeting of Central Highlands Council held at Hamilton Council Chambers, on Tuesday 19th May 2015, commencing at 9am.

1.0 OPENING

Mayor D E Flint opened the meeting at 9am

2.0 PRESENT

Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae (attended at 9.05am), Clr L M Triffitt, Mrs Lyn Eyles (General Manager)

3.0 APOLOGIES

Moved Clr L M Triffitt Seconded Clr A J Downie

THAT an apology be accepted for Clr R G Bowden & Clr R L Cassidy.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr L M Triffitt

4.0 PECUNIARY INTEREST DECLARATIONS

In accordance with Regulation 8 of the Local Government (Meeting Procedures) Regulations 2005, the Mayor requests

Councillors to indicate whether they or a close associate have, or are likely to have a pecuniary interest (any pecuniary

or pecuniary detriment) in any item of the Agenda.

There were no pecuniary interests

5.0 COMMITTEE

Regulation 15 of the Local Government (Meeting Procedures) regulations 2005 provides that Council may consider

certain sensitive matters in Closed Agenda which relate to:

Personnel matters, including complaints against an employee of the Council;

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Industrial matters relating to a person;

Contracts for the supply and purchase of goods and services;

The security of property of the Council

Proposals for the Council to acquire land or an interest in the land or for the disposal of land;

Information provided to the Council on the condition it is kept confidential;

Trade secrets of private bodies;

Matters relating to actual or possible litigations taken by or involving the Council or an employee of the Council;

Applications by Councillors for leave of absence;

The personal affairs of any person. The decision to move in Closed Council requires an absolute majority of Council.

5.1 MOTION INTO CLOSED MEETING Moved Clr A W Bailey Seconded Clr L M Triffitt THAT Council move into Committee to discuss confidential matters in accordance with Regulation 15 of the Local

Government (Meeting Procedures) Regulations 2005.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr L M Triffitt _______________________________________________________________________________________________ Clr E M McRae attended the meeting at 9.05am

5.2 MATTERS DISCUSSED IN CLOSED MEETING

Personnel Matters

5.3 MOTION OUT OF CLOSED MEETING

Moved Clr L M Triffitt Seconded Clr E J Evans

THAT Council move out of Committee and resume the Ordinary Meeting.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt

OPEN MEETING TO PUBLIC Mayor D E Flint opened the Meeting to the public at 10.00am

6.0 IN ATTENDANCE Mr Laurie Costello spoke to Council about the Tourism Committee holding sheep dog trials in Bothwell every second year during the “Spin-Out” at the Bothwell Recreation Ground. Laurie Costello left the meeting at 10.04am

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6.1 PUBLIC QUESTION TIME

7.0 MAYORAL COMMITMENTS 21

st April 2015 Council Meeting – Bothwell

22nd

April 2015 Edmund Rice School Children’s Program at Levendale

25th April 2015 Anzac Day Dawn Service Gretna

Anzac Day Service Bothwell Football Match – Paul Horne Memorial at Bothwell Welcome Brown Family Reunion – Bothwell Bothwell International Spin-In Meeting at Ratho

30th April 2015 Amalgamation Workshop – attendees were Deputy Mayor, Clr Cassidy & General Manager

TasWater Public Meeting at Gretna

1st May 2015 Showbags for Agfest

2nd

May 2015 Targa Tasmania Dinner

4th May 2015 Meeting Principal Bothwell District School

School Presentations Top 1% of students

5th May 2015 Independent Living Units Meeting

6th -9

th May 2015 Agfest – Manning Central Highlands Marquee

12th May 2015 Budget Workshop – Bothwell

13th May 2015 Premier’s Local Government Council Meeting

14th May 2015 TasWater General Meeting

15th May 2015 Education / Trade Centre Meeting (assisting students)

16th May 2015 ALGA Meeting

18th May 2015 Citizenship Ceremony Hamilton

_______________________________________________________________________________________________ 7.1 COUNCILLORS COMMITMENTS Deputy Mayor A J Downie

22nd

April 2015 TasWater Meeting - West Tamar

25th April 2015 Anzac Day Commemorations - Gretna and Hamilton

29th April 2015 3 year Forestry Plan Meeting - Kempton

30th April 2015 LGAT Amalgamation talks - DEC

Gretna water community, meeting with TasWater

6th & 7

th May 2015 AGFEST

12th May 2015 Planning Committee Meeting

Budget Workshop - Bothwell

Clr A W Bailey 21

st April 2015 Council Meeting – Bothwell

25th April 2015 Anzac Day Service Gretna & Hamilton

30

th April 2015 Gretna Water Community Meeting TasWater


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Clr R L Cassidy

21st April 2015 Council Meeting – Bothwell

9th May 2015 AGFEST Carrick

12th May 2015 Planning Committee

Budget Workshop – Bothwell

Clr E M McRae

21st April 2015 Council Meeting

25th April 2015 Anzac Day presentation

11th May 2015 School Association Bothwell AGM and ordinary meeting



Clr L M Triffitt

25th April 2015 Gretna Anzac Dawn Service

Bothwell Anzac Day Service

5th May 2015 ILU meeting at Hamilton



7.2 GENERAL MANAGER COMMITMENTS 21

st April 2015 Council Meeting

29th April 2015 Managers Budget Meeting

20th April 2015 LGAT General Meeting

TasWater Meeting Gretna

5th May 2015 Meeting Valuer General

Independent Living Units Committee Meeting

12th May 2015 Council Budget Workshop

18th May 2015 Citizenship Ceremony

Meeting Stornoway

8.0 NOTIFICATION OF COUNCIL WORKSHOPS HELD Budget Workshop Bothwell on 12 May 2015

8.1 FUTURE WORKSHOPS Thursday 21

st May 2015 at 10.00am - Budget Workshop (Hamilton)

Monday 1st June 2015 at 9.30am - Councillor and Staff Training (Hamilton)

9.0 MAYORAL ANNOUNCEMENTS

10.0 MINUTES

__________________________________________________________________________________________________________

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Chris Absolom (Finance Manager) attended the meeting at 10.04 am

10.1 RECEIVAL DRAFT MINUTES ORDINARY MEETING

Moved Clr E M McRae Seconded Clr J R Allwright

THAT the Draft Minutes of the Ordinary Meeting of Council held on Tuesday 21st

April 2015 be received.

Carried


10.2 CONFIRMATION OF DRAFT MINUTES ORDINARY MEETING

Moved Clr J R Allwright Seconded Clr A W Bailey

THAT the Draft Minutes of the Ordinary Meeting of Council held on Tuesday 21st

April 2015 be confirmed.

Carried


_______________________________________________________________________________________________

10.3 RECEIVAL DRAFT PLANNING COMMITTEE MEETING Moved Clr A J Downie Seconded Clr J R Allwright

THAT the Draft Minutes of Planning Committee Meeting of Council held on Tuesday 12th

May 2015 be received.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________

10.4 RECEIVAL DRAFT INDEPENDENT LIVING UNITS COMMITTEE MEETING

Moved Clr L M Triffitt Seconded Clr E M McRae

THAT the Draft Minutes of Independent Living Units Committee Meeting of Council held on Tuesday 5th

May 2015

be received.

Carried


11.0 BUSINESS ARISING

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12.0 NRM REPORT

Moved Clr J R Allwright Seconded Clr L M Triffitt

THAT the NRM Report be received.

Carried


13.0 FINANCE REPORT

Moved Clr L M Triffitt Seconded Clr A W Bailey

THAT the Finance Report be received.

Carried


Mr David Gudde attended the meeting at 10.07am

_______________________________________________________________________________________________

13.1 PAYMENT OF COUNCILLORS EXPENSES & PROVISION OF FACILITIES POLICY Moved Clr L M Triffitt Seconded Clr E M McRae

THAT Council adopt Policy No 2015-36 Payment of Councillors Expenses & Provision of Facilities Policy with the amendment as discussed.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________ Chris Absolom left the meeting at 10.14am

__________________________________________________________________________________________________________ 14.0 DEVELOPMENT & ENVIRONMENTAL SERVICES In accordance with Regulation 25(1) of the Local Government (Meeting Procedures) Regulations 2005, the Mayor

advises that the Council intends to act as a Planning Authority under the Land Use Planning and Approvals Act 1993, to

deal with the following items:

Moved Clr L M Triffitt Seconded Clr A J Downie

THAT the Development & Environmental Services Report be received.

Carried


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14.1 SA 2014/00046: C A HUME: “RATHLYN” 430 THOUSAND ACRE LANE, HAMILTON (CT248197/1): SUBDIVISION (1 LOTS & BALANCE) IN RURAL ZONE Moved Clr A J Downie Seconded Clr J R Allwright That Central Highlands Council (Planning Authority) in accordance with the provisions of the Central Highlands Planning Scheme 1998 and Section 57 of the Land Use Planning & Approvals Act 1993, approve the application for subdivision (1 lot & balance at ‘Rathlyn” – 430 Thousand Acre Lane, Hamilton (CT248197/1) subject to the following conditions: General (1) The use or development must be carried out substantially in accordance with the application for planning

approval, the endorsed drawings and with the conditions of this permit and must not be altered or extended without the further written approval of Council.

(2) This permit shall not take effect and must not be acted on until 15 days after the date of receipt of this letter or the date of the last letter to any representor, whichever is later, in accordance with section 53 of the Land Use Planning and Approvals Act 1993.

Easements (3) Easements must be created over all drains, pipelines, wayleaves and services in accordance with the

requirements of the Council’s General Manager. The cost of locating and creating the easements shall be at the subdivider’s full cost.

Endorsements (4) The final plan of survey must be noted that Council and TasWater cannot or will not provide a means of drainage,

water or sewer services to all lots shown on the plan of survey. (5) The final plan of survey must be endorsed that the lots are only suitable for the on-site disposal of wastewater

using a licensed Aerated Wastewater Treatment System or modified trench septic or other approved system. Covenants (6) Covenants or other similar restrictive controls that conflict with any provisions or seek to prohibit any use

provided within the planning scheme must not be included or otherwise imposed on the titles to the lots created by this permit, either by transfer, inclusion of such covenants in a Schedule of Easements or registration of any instrument creating such covenants with the Recorder of Titles, unless such covenants or controls are expressly authorised by the terms of this permit or the consent in writing of the Council’s Senior Planner.

Bushfire Management (7) The subdivision must be developed and completed in accordance with the approved “Bushfire Hazard

Assessment Report” prepared by Welling Consulting and must continue to be maintained to the satisfaction of the Council’s General Manager. Any necessary agreements must be registered on the title prior, or in conjunction with, sealing the final plan of survey

Natural Values Assessment (8) Prior to the sealing of the Final Plan, the recommendations of the “Natural Values Assessment” must form the

basis of a Part 5 Agreement (to which Council is to be made a party) which must be created on proposed Lot 1 to the satisfaction of Council’s General Manager.

Agreements (9) Agreements made pursuant to Part 5 of the Land Use Planning and Approvals Act 1993 must be prepared by the

applicant on a blank instrument form to the satisfaction of the Council and registered with the Recorder of Titles. The subdivider must meet all costs associated with the preparation and registration of the Part 5 Agreement.

Final plan (10) A final approved plan of survey and schedule of easements as necessary, together with two (2) copies, must be

submitted to Council for sealing for each stage. The final approved plan of survey must be substantially the same as the endorsed plan of subdivision and must be prepared in accordance with the requirements of the Recorder of Titles.

(11) A fee, as determined in accordance with Council’s adopted fee schedule, must be paid to Council for the sealing of the final approved plan of survey for each stage.

(12) All conditions of this permit, including either the completion of all works and maintenance or payment of security in accordance with this permit, must be satisfied before the Council seals the final plan of survey for each stage. It is the subdivider’s responsibility to notify Council in writing that the conditions of the permit have been satisfied and to arrange any required inspections.

(13) The subdivider must pay any Titles Office lodgement fees direct to the Recorder of Titles. Engineering

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(14) The subdivision must be carried out in accordance with the Central Highlands Council Subdivision Guidelines 2012 (attached).

Existing services (15) The Subdivider must pay the cost of any alterations and/or reinstatement to existing services, Council

infrastructure or private property incurred as a result of the proposed subdivision works. Any work required is to be specified or undertaken by the authority concerned.

Access (16) A vehicle access must be provided from the road carriageway to each lot. Accesses must be located and

constructed in accordance with the standards shown on standard drawings TSD-R03-v1 Rural Roads Typical Property Access, TSD-R04-v1 Rural Roads Typical Driveway Profile, and TSD-RF01-v1 Guide to Intersection and Domestic Access Sight Distance Requirements prepared by the IPWE Aust. (Tasmania Division) (attached), or as otherwise required by an approved Bushfire Hazard Management Plan, and the satisfaction of Council’s General Manager.

Transfer of reserves (17) The Reserved Road marked on the subdivision Plan must be shown as “Road” on the final plan of survey and

transferred to the Central Highlands Council by Memorandum of Transfer submitted with the final plan. Defects Liability Period (18) The subdivision must be placed onto a 12 month maintenance and defects liability period following the

completion of the works in accordance with the permit conditions. THE FOLLOWING ADVICE APPLIES TO THIS PERMIT: A. This permit does not imply that any other approval required under any other legislation or by-law has been

granted.

B. The issue of this permit does not ensure compliance with the provisions of the Threatened Species Protection Act 1995 or the Commonwealth Environmental Protection and Biodiversity Protection Act 1999. The applicant may be liable to complaints in relation to any non-compliance with these Acts and may be required to apply to the Threatened Species Unit of the Department of Primary Industry, Water & Environment or the Commonwealth Minister for a permit.

C. The issue of this permit does not ensure compliance with the provisions of the Aboriginal Relics Act 1975. If any aboriginal sites or relics are discovered on the land, stop work and immediately contact the Tasmanian Aboriginal Land Council and Aboriginal Heritage Unit of the Department of Tourism, Arts and the Environment. Further work may not be permitted until a permit is issued in accordance with the Aboriginal Relics Act 1975.

D. Appropriate temporary erosion and sedimentation control measures include, but are not limited to, the following -

Minimise site disturbance and vegetation removal;

Diversion of up-slope run-off around cleared and/or disturbed areas, or areas to be cleared and/or disturbed, provided that such diverted water will not cause erosion and is directed to a legal discharge point (eg. temporarily connected to Council’s storm water system, a watercourse or road drain);

Sediment retention traps (e.g. sediment fences, straw bales, grass turf filter strips, etc.) at the down slope perimeter of the disturbed area to prevent unwanted sediment and other debris escaping from the land;

Sediment retention traps (e.g. sediment fences, straw bales, etc.) around the inlets to the stormwater system to prevent unwanted sediment and other debris blocking the drains;

Gutters spouting and downpipes installed and connected to the approved stormwater system before the roofing is installed; and

Rehabilitation of all disturbed areas as soon as possible.

E. If you notify Council that you intend to commence the use or development before the date specified above you forfeit your right of appeal in relation to this permit.

F. This planning approval shall lapse at the expiration of two (2) years from the date of the commencement of planning approval if the development for which the approval was given has not been substantially commenced. Where a planning approval for a development has lapsed, an application for renewal of a planning approval for that development shall be treated as a new application.

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Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________ 14.2 DA 2015/00007: C & N A BRADY: MARKED TREE ROAD, HAMILTON (CT100803/1): SHIPPING CONTAINERS X 3 IN RURAL ZONE Moved Clr A J Downie Seconded Clr J R Allwright That Central Highlands Council (Planning Authority) in accordance with the provisions of the Central Highlands Planning Scheme 1998 and Section 57 of the Land Use Planning & Approvals Act 1993, approve the application for three shipping containers on land at Marked Tree Road, Hamilton (CT100803/1) subject to the following conditions:

General (1) The use or development must be carried out substantially in accordance with the application for planning approval,

the endorsed drawings and with the conditions of this permit and must not be altered or extended without the further written approval of Council.

(2) This permit shall not take effect and must not be acted on until 15 days after the date of receipt of this letter or the date of the last letter to any representor, whichever is later, in accordance with section 53 of the Land Use Planning and Approvals Act 1993.

(3) The structures are to be used only for storage associated with residential or agricultural use of the land. They are not to be used on any commercial basis.

(4) Any existing signage must be removed from the shipping containers by painting over with colour to match the container.

Services (5) The developer must pay the cost of any alterations and/or reinstatement to existing services, Council infrastructure

or private property incurred as a result of the development. Any work required is to be specified or undertaken by the authority concerned. Stormwater (15) Drainage from the proposed development must drain to a legal discharge point to the satisfaction of Council’s General Manager and in accordance with a Plumbing permit issued by the Permit Authority in accordance with the Building Act 2000.

THE FOLLOWING ADVICE APPLIES TO THIS PERMIT: A. This permit does not imply that any other approval required under any other legislation or by-law has been

granted. B. The issue of this permit does not ensure compliance with the provisions of the Threatened Species Protection Act

1995 or the Commonwealth Environmental Protection and Biodiversity Protection Act 1999. The applicant may be liable to complaints in relation to any non-compliance with these Acts and may be required to apply to the Threatened Species Unit of the Department of Primary Industry, Water & Environment or the Commonwealth Minister for a permit.

C. If you notify Council that you intend to commence the use or development before the date specified above you forfeit your right of appeal in relation to this permit.

D. This planning approval shall lapse at the expiration of two (2) years from the date of the commencement of planning approval if the development for which the approval was given has not been substantially commenced. Where a planning approval for a development has lapsed, an application for renewal of a planning approval for that development shall be treated as a new application.

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________ 14.3 SOUTHERNFIELD DAM Moved Clr A J Downie Seconded Clr E M McRae

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THAT Central Highlands Council give approval for the re-routing of Southernfield Road on the following conditions:

The re-routed road to be constructed to the satisfaction of Council’s Works Manager and to the standards specified in the Central Highlands Council Subdivision Guidelines 2012, at no cost to Council; and

The developer to be responsible for all necessary works associated with re-surveying and gazetting the re-routed road, at no cost to Council.

Carried


14.4 REVIEW OF BUILDING, PLUMBING, ENVIRONMENTAL HEALTH & PLANNING APPLICATION FEES Moved Clr L M Triffitt Seconded Clr E J Evans THAT this item be deferred until the June Council Meeting.

Carried


14.5 DOG REGISTRATION & KENNEL LICENCE FEES Moved Clr L M Triffitt Seconded Clr A W Bailey THAT Council adopt the following fees and charges for the 2015/2016 period: Dog Registration Fees

Description Paid by 31 July 2015

Paid after 31 July 2015

Domestic Dog (Desexed) $20.00 $40.00

Domestic Dog (not Desexed) $40.00 $70.00

Pensioner (1st dog only) $10.00 $20.00

Working Dog (used for the purpose of working farm stock) or Hunting Dog (used to flush game)

$10.00 $20.00

Greyhound (TGRA registered) $10.00 $20.00

Registered Breeding Dog (TCA Registered & Dog Owner holding current membership of the TCA)

$10.00 $20.00

Special Assistance Dog (Guide Dog / Hearing Dog)

Nil Nil

Declared Dangerous Dog $1000.00 $1500.00

Kennel Licence Fees 3-5 Dogs - $ 20.00 >5 Dogs - $ 30.00 Renewal Fee - $ 10.00 Impoundment Fees Impounding Reclaim Fee (first offence) - $20.00 Impounding Reclaim Fee (subsequent Offences) - $40.00

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Maintenance Fee $10.00 per day Other Associated Fees Formal Notice of Complaint Fee - $10.00 (refundable) Replacement of Registration Tag - $5.00

Carried


15.0 WORKS & SERVICES

Moved Clr L M Triffitt Seconded Clr A W Bailey

THAT the Works & Services Report be received.

Carried


Jason Branch (Works & Services Manager) attended the meeting at 10.32am

15.1 BOTHWELL REC GROUND WATER CONNECTION Noted _______________________________________________________________________________________________ Resolved that the sealing of Laycock Drive be made a budget consideration item for 2016 / 2017. _______________________________________________________________________________________________

16.0 ADMINISTRATION

16.1 REMISSIONS UNDER DELEGATION Noted _______________________________________________________________________________________________ 16.2 FUTURE OF SOUTHERN WASTE STRATEGY AUTHORITY Noted

16.3 LGAT ANNUAL CONFERENCE Moved Clr L M Triffitt Seconded Clr J R Allwright THAT the Mayor, Deputy Mayor and General Manager be authorised to attend the LGAT Annual Conference in Launceston from 22 – 24 July, 2015.

Carried


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_______________________________________________________________________________________________

16.4 QUEENS PARK BOTHWELL Resolved that this item be discussed at the Budget Meeting. _______________________________________________________________________________________________ 16.5 LOCAL GOVERNMENT REFORM Moved Clr E J Evans Seconded Clr J R Allwright THAT the Mayor & General Manager meet with Derwent Valley Council as per their request regarding voluntary amalgamations.

Carried 5/2

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans Against: Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________

16.6 TOURISM DEMAND DRIVER INFRASTRUCTURE PROGRAM FUNDING Moved Clr L M Triffitt Seconded Clr E M McRae THAT Council ratify the authority for the General Manager to sign and seal the Grant Deed for the Tourism Demand Driver Infrastructure Funding of $88,670.00

Carried

For the motion: Mayor D E Flint, Deputy Mayor A J Downie, Clr J R Allwright, Clr A W Bailey, Clr E J Evans, Clr E M McRae, Clr L M Triffitt _______________________________________________________________________________________________ 16.7 COUNCIL SUBMISSIONS AUSTRALIAN ENERGY REGULATOR (AER) Noted _______________________________________________________________________________________________

Clr L M Triffitt asked if Council had received any correspondence on the dual naming of Great Lake. _______________________________________________________________________________________________

17.0 SUPPLEMENTARY AGENDA ITEMS

NIL

18.0 CLOSURE Mayor D E Flint closed the meeting at 11.09am

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